Selected Cases by Article & Issues
The risk in respect of goods sold in transit passes to the buyer from the time of the conclusion of the contract. However, if the circumstances so indicate, the risk is assumed by the buyer from the time the goods were handed over to the carrier who issued the documents embodying the contract of carriage. Nevertheless, if at the time of the conclusion of the contract of sale the seller knew or ought to have known that the goods had been lost or damaged and did not disclose this to the buyer, the loss or damage is at the risk of the seller.
|1||Passing of risk where goods sold in transit|
|1.1||Upon conclusion of contract|
|1.2||Upon goods being handed over to carrier|
|1.2.1||Seller concluding contract in bad faith|
|2||Contractual provision as to passing of risk|